ORDER
KOZINSKI, Chief Judge:Upon the vote of a majority of nonre-cused active judges, it is ordered that this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.
*920Judges McKEOWN, RAWLINSON and BYBEE did not participate in the deliberations or vote in this case.